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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
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Reasonable Suspicion – Stop – Basis – Anonymous Tip
State v. Tabitha A. Sherry, 2004 WI App 207, PFR filed 11/19/04 For Sherry: Craig R. Day Issue: Whether an anonymous tip – to “Crime Stoppers,” predicting that a particularly described car with a specified license plate would be transporting a large amount of marijuana between neighboring towns – contained sufficient indicia of reliability to provide […]
Reasonable Suspicion — Stop — Duration — Traffic Offense — Questioning Passenger Following Lawful Stop
State v. Donavan W. Malone, 2004 WI 108, on certification For Malone: John A. Cabranes Issue: Whether, during a routine traffic stop, the officer may request passengers to get out of the vehicle and question them on matters reasonably related to the nature of the stop. Holding: Because lawfulness of the stop of the car in which Malone […]
Conspiracy, § 939.31 – Unit of Prosecution (Multiple Counts for Multiple Acts)
State v. Edward Leon Jackson, 2004 WI App 190, PFR filed 10/15/04 For Jackson: Meredith J. Ross, LAIP, UW Law School Issue/Holding: ¶2 In 1996, Jackson admitted to his role in a plan to fire bomb a Milwaukee police officer’s home. Jackson and two other men conspired to fire bomb the house, enabling two others to […]
§ 940.03, Felony-Murder (1999-2000) — Stand-Alone, Unclassified Crime Not Penalty Enhancer
State v. Brandon L. Mason, 2004 WI App 176 For Dawson: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: The felony murder statute, § 940.03 (1999-2000), contains characteristics suggestive of both penalty enhancers (it adds a specified term to the maximum penalty applicable to the underlying crime), ¶15, and also substantive offenses (it is located in a chapter […]
Expectation of Privacy — Garbage
State v. Sylvester Sigarroa, 2004 WI App 16, PFR filed 1/2/04 For Sigarroa: John Pray, UW Law School Issue/Holding: ¶14. The State and Sigarroa propose different tests for determining the constitutionality of a warrantless garbage search… . … ¶16. Both parties are able to cite case law in support of their competing approaches. However, upon close […]
§ 940.225(2)(c), Sexual Assault: Mentally Ill Victim – Sufficiency of Evidence
State v. Eugene M. Perkins, 2004 WI App 213, PFR filed 11/9/04 For Perkins: Jeffrey W. Jensen Issue Whether expert testimony is required to establish the victim’s mental illness, an element of § 940.225(2)(c). Holding: This element may be shown through credible lay opinion testimony: ¶17 Here, the State had to prove four things: (1) […]
§ 940.225(2)(g), Sexual Assault – Elements: Employee of In-Patient Treatment Facility Within § 940.295(2) / § 50.135(1)
State v. John F. Powers, 2004 WI App 156 For Powers: Marcus J. Berghahn; John D. Hyland Issue/Holding: An employee of the Tomah VA Medical Center is not an employee of an in-patient treatment facility within the meaning of §§ 940.225(2)(g), 940.295(2)(b), (c), (h), (k), and 50.135(1), because the Center is not licensed or approved […]
Expectation of Privacy – Curtilage – (Attached) Garage
State v. Walter Leutenegger, 2004 WI App 127 For Leutenegger: Bill Ginsberg Issue/Holding: ¶21 n. 5: The State does not challenge the circuit court’s holding that the garage was part of the curtilage of Leutenegger’s house and subject to the warrant requirement. This implicit concession appears appropriate in this case. Published decisions on this topic consistently hold that […]
§ 941.29, Felon in Possession of Firearm — Constitutionality
State v. Louis D. Thomas, 2004 WI App 115, PFR filed 6/17/04 For Thomas: Joseph L. Sommers Issue/Holding: Wis. Const. art. I, § 25 (“right to keep and bear arms”) did not effectively repeal § 941.29 (felon in possession). ¶¶7-12. Issue/Holding: § 941.29 is neither vague, ¶¶14-18, nor overbroad, ¶¶19-23. Issue/Holding: § 941.29 doesn’t violate […]
§ 946.12(3), Misconduct in Public Office: Vagueness, Overbreadth, Speech and Debate Clause, Separation of Powers Challenges
State v. Charles Chvala, 2004 WI App 53, affirmed, 2005 WI 30 For Chvala: James A. Olson, et. al, Lawton & Cates Holdings: Section 946.12(3), which proscribes exercising a discretionary power inconsistent with the duties of the defendant’s office (in this instance, a state legislator) is not vague. Though those “duties” aren’t identified in any […]
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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.